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 [Fraud] Ka vs. Plymouth - discharged

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Dr. Rino
Student


Number of posts : 59
Registration date : 2007-01-08

PostSubject: [Fraud] Ka vs. Plymouth - discharged   Tue 30 Jan - 15:45

Lawsuit between Ka and the town of Dartmouth

Ka was charged with commission of fraud.

The sentence has been passed
Statement of accusation

The defendant has been discharged.
After studying this Town Regulation carefully and reviewing the procedures utilized to enact it, I find the town of Dartmouth to have failed in their duties of a timely proper notification of this regulation. Per Volume III, Chapter 5, "Cornwall County Town Regulations Law" section, line number 7 of the Cornwall County Law:

7. The regulation must be posted in the Town Hall mayor’s message, and in the appropriate town forum, and go into effect on the second reset after this is done.

---

The post in the Town Forum is dated Sep 11, 2006. By law it is not in effect until Sep 13, which is this very day, well into court preceedings. The post claims to be retroactive. I rule this invalid, given that the purpose of the notice is to allow incoming potential merchants to be forewarned of the town policies. As it was not available at the time the alleged 'mercants' arrival, the regulation is ruled to not be in effect.

Case dismissed on the grounds of improper charges.


Bill of indictment
Ka, you are hereby accused to break the Dartmouth Law about Merchants:

"All merchants (except the 2 designated Dartmouth Town Merchants who are already versed in what to obtain to meet current, pending deals) must notify the Dartmouth Minister of Trade PRIOR to their arrival (at least 24 hours notice). These merchants must not purchase any goods without the permission of the Minister of Trade in conjunction with the Mayor. These merchants may only sell those goods that are not presently available on the PLAYERS MARKET or those goods agreed to in advance (hence the notification and only those goods that are below the town’s suggested minimum prices as reflected in the Mayor’s Message daily).

Failure to notify the Minister of Trade will result in a stern warning for the 1st offense, a 20 pound fine for the 2nd offense, and a 50 pound fine AND a 60 day ban from our fair town for any offenses exceeding 2. Failure to follow the purchase or sell rules will result in a 125% fine imposed on the value of the goods purchased or sold, a 150% fine imposed for the second offense, and a 300% fine AND a 120 day ban from our fair town for any offenses exceeding 2 (official county travel allowed as long as they are not buying or selling on their journey through). "

You broke the first rule which was to notify our Minister of Trade or the mayor.
You broke a second rule by buying some iron that was supposed to go to our blacksmith , causing a short supply of iron for our blacksmith who need to work everyday to provide our town in Knife.
Then despite a warning from the Dartmouth mayor, you refused to give back what you bought illegally.

Here is the evidence:
"07-10-2006 11:00 : You have sold to Ka 3 iron ores for 21.50 pounds."

According to our law, the fine requested by the prosecution is 125% of this amount : 75 pounds

First defence pleading
Your honnor,

First of all, I'm not a mercant. I went to dartmouth to visit the town and to buy iron in the case of I would find it. I want to become a blacksmith. It is for my personal use, not for reselling or whatever. No law avoid a (furtur) backsmith to buy iron.

I had a warning about that from Lady Vaness so I came back to Plymouth when I saw that Dartmouth was not a welcoming town.

From this warning, I did not buy or sell anything on the market of Dartmouth. I was already traveling back to plymouth so I kept the iron.

So, considering that I'm not a mercant, and that it is my first warning anyway, this trial is not in accordance with the law.

Your honour, in any case it was not my intention to disturb the life of this town.

Regards,

Prosecutor indictment
Can be considered as merchant anyone buying or selling goods in our markets, there's no career of merchant and anyone can become an occasional merchant times to times, our law does not make the distinction between occasional trader and professional merchant.

Last defence pleading
Your honnor,

This law is not clear, and can be interpreted using subjective arguments. Windwalker itself recognise it. For example, The "mercant" word is not defined which can add some confusion.

Moreover, the town failed to properly post the law in the town forums as dictated by the County Town Regulations Law, thus making this law invalid.

Also, in order for a law to be applied, you must prove that I created a damage which is, I think, not the case.

For these reasons, I ask, your honor, to be discharged. In any case, I will never come again in Dartmouth until this law is canceled or modified, as I know that this kind of cases makes everyone loosing time.

Thanks,

Best Regards, and long life to our King.
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